ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045225
Parties:
| Complainant | Respondent |
Parties | Rachel O'Neill | Dundrum Pharmacy Mulvey's Pharmacy |
Representatives |
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Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00055796-001 | 24/03/2023 |
Date of Adjudication Hearing: 17/08/2023
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
The Complainant attended the hearing and was accompanied by her mother. Although I am satisfied that the Respondent was on notice of the time and date of the hearing, there was no attendance by them on the day.
Background:
The Complainant commenced her employment as a Pharmacy Technician with the Respondent on 31 August 2022. She stated that she did not receive her notice entitlements when her employment ended on 16 February 2023. This was disputed by the Respondent in their written submissions received after the hearing. |
Summary of Complainant’s Case:
The Complainant stated that she did not receive her notice entitlements when her employment ended on 16 February 2023. |
Summary of Respondent’s Case:
In their written submissions, received by the WRC on 18 August 2023, the Respondent stated that the Complainant was paid her notice entitlements on 16 February 2023. |
Findings and Conclusions:
Section 4 of the Minimum Notice and Terms of Employment Act, 1973, states: (1) An employer shall, in order to terminate the contract of employment of an employee who has been in his continuous service for a period of thirteen weeks or more, give to that employee a minimum period of notice calculated in accordance with the provisions of subsection (2) of this section. (2) The minimum notice to be given by an employer to terminate the contract of employment of his employee shall be – (a) if the employee has been in the continuous service of his employer for less than two years, one week, (b) if the employee has been in the continuous service of his employer for two years or more but less than five years, two weeks c) if the employee has been in the continuous service of his employer for five years or more, but less than ten years, four weeks, (d) if the employee has been in the continuous service of his employer for ten years or more, but less than fifteen years, six weeks, The Complainant stated in evidence at the hearing that she did not receive her notice entitlements, namely one week’s pay, when her employment ended on 16 February 2023. Although the Respondent furnished a written submission after the hearing wherein it was stated that the Complainant was paid 1 week’s notice in her final pay, I prefer the sworn evidence of the Complainant and find that this complaint is well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the complaint is well founded for the reasons set out above and direct that the Respondent make a payment of €640 to the Complainant in respect of the breach of the Act. |
Dated: 29th September
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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